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R. HEMALATHA
Malliga – Appellant
Versus
ZC98 Pranthiyankarai Primary Agricultural Co-operative Thrift & Credit Society, Rep. by its Secretary Nagapattinam – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Section 115 CPC against the fair and decretal order dated 11.11.2019 in I.A. No.108 of 2018 in unnumbered A.S. No. /2019 on the file of the Subordinate Judge, Nagapattinam.)
1. The present civil revision petition is filed against the order dated 11.11.2019 in I.A. No.108 of 2018 in unnumbered A.S. No. /2019 on the file of the Subordinate Judge, Nagapattinam.
2. The revision petitioners are the defendants in O.S. No.102 of 2012 on the file of the District Munsif cum Judicial Magistrate, Vedaranyam. The respondent/plaintiff filed the suit for recovery of vacant possession of the suit property and for costs. After full contest, the learned District Munsif, Vedaranyam, decreed the suit vide her orders dated 31.10.2014. Thereafter, the revision petitioners filed an appeal along with a petition in I.A. No. 108/2016 before the Subordinate Judge, Nagapattinam, seeking to condone the delay of 727 days in filing the appeal. The respondent/plaintiff filed a counter. After full contest, the learned Subordinate Judge, Nagapattinam, dismissed the application filed in I.A. No.108/2016 vide his orders dated 11.11.2019. Aggrieved over the same, the
Genuine reasons for condonation of delay are crucial, and lack of documentary evidence for health and financial issues may lead to dismissal of the petition.
Delay in filing an appeal does not warrant condonation without sufficient substantiated evidence, emphasizing the need for timely legal actions.
Submission of valid evidence to justify delay in legal proceedings is essential for condonation of such delays.
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